DiPirro v. Hypertherm, Inc., et al.

On July 26, 1999, Michael DiPirro and Hypertherm, Inc. entered into a settlement agreement which resolved citizen enforcer Michael DiPirro's allegations that Hypertherm manufactured, distributed, or sold cutting or welding machines and power sources that contain, or whose customary application may produce fumes or gases that contain chromium (hexavalent compounds), nickel and nickel compounds, or carbon monoxide in the State of California without providing the requisite health hazard warnings.

The terms of the parties' settlement require Hypertherm to immediately implement and provide specific and prominent health hazard warnings on the products or on the packaging of the products that it manufactured, distributed, or offered sale in California that it had in its possession at the time the settlement was reached. In addition, Hypertherm agreed that as of October 20, 1999, it would not ship the products, or substantially similar products, to California for sale unless they are accompanied by a Proposition 65 warning on the product label or the product packaging. Hypertherm also agreed to revise the Material Safety Data Sheets pertaining to its products to contain the health hazard warning information required by settlement for the product labels.

The settlement requires settlement payments of $20,000 divided therein between civil penalties, 75% of which are paid to California's Office of Environmental Health Hazard Assessment, and compensation to whistleblower Michael DiPirro and his counsel for their successful enforcement of this matter in the public interest.